Workers Rights

Workers are to be given better protection following a series of proposed changes made by the government, in what is being claimed as the biggest reform in 20 years.

Key proposals include:

Giving workers a right to a written statement of terms. Currently, this right only extends to employees.

Requiring employers to give a written statement of terms on the first day of work rather than within two months of starting work which current legislation dictates.

Workers to be given a right to request a fixed working pattern after 26 weeks on a non-fixed pattern.

Changing the rules on continuity of employment, so that a break of up to four weeks between contracts will not interrupt continuity. Currently continuous employment will be severed if the employee takes a break of a complete week ending with a Saturday.

Legislation to streamline the employment status tests so they are the same for employment and tax purposes, and to avoid employers misclassifying employees/workers as self-employed.

Increasing the penalty for an employer's aggravating conduct from £5,000 to £20,000.

Abolishing the Swedish Derogation, which gives employers the ability to pay agency workers less than their own workers in certain circumstances

The government however agrees with the findings of the recent Taylor review which says that banning zero hours contracts completely would be likely to harm more people than it would help.

But Labour and unions argue that the reforms are not enough. The Trades Union Congress general secretary, Frances O’Grady, commented:

“The right to request guaranteed working hours is no right at all. Zero-hours contract workers will have no more leverage than Oliver Twist. Unless unions get the right to organise and bargain for workers in places like Uber and Amazon, too many working people will continue to be treated like disposable labour.”

If you need any employment or HR advice, please contact our Employment Team by email, or call us on 0800 118 1500

At Talbots, we like to keep things simple but there are times when even we have to observe certain legal niceties. For your information, we’re authorised and regulated by the Solicitors Regulation Authority (no. 596234). And our trading name is Talbots Law Limited, company number 8058015, registered office 25/27 Hagley Road, Stourbridge DY8 1QH. A list of directors is available from any office, and finally, we do not accept service by email. If we contracted online, and fall into dispute, you can use the EU Online Dispute Resolution Platform. Our email address is info@talbotslaw.co.uk. Legal niceties over.

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